Maryland FLA 5-706.1

[Lost101]

My husband and I were indicated of neglect because a caseworker said our house was 'messy' because we had '2 weeks worth of dishes in the sink,' a lot of 'clutter' (recycling,) and 'a pile of clothes taking up the entire laundry room that was 3-4 feet high.' I don't know about any of you, but I don't have that many dishes or clothes, and recycling has yet to attack me. After reviewing our case, their attorney wants us to take unsubstantiated neglect. We are going to fight that as well. Her report is poorly written, and her descriptions start as one thing and end up saying totally different things. For example, the recycling we had in the house (she came on a Tuesday, recycling day is Thursday, and we had Christmas/ no recycling + New Years/ no recycling for the two weeks prior) with 'clutter,' in an addition made a month later, she says it was 'garbage,' and in her finding made even later, she says 'filth.'
We have no doubt that if we go to trial, the finding will be unsubstantiated or ruled out, but we're hoping to get it ruled out before she has a chance to lie. (She also stated my husband said the cats made the 'mess' in the house. He said they used the litter box, hence the smell of cat urine near it.) This is where I would really like some help. According to FLA 5-706.1, she has NO MORE THAN 60 days to close the report from the date she first received a complaint. It took 120 days. I cannot find case law, and I have no clue how to bring this up. Any ideas?

[Lost101]

I also wanted to add that we're at the Office of Administrative Hearings portion of things.

[monkette31]

Make sure you take pictures of your clean house as well. What kind of lawyer would tell you to cop to their allegations, I'll bet it was one working with them, court appointed. Try to get your side, pictures and all filed with the court, this is a must and don't agree to anything having to do with them...they just want you to admit to something, so they can have you under their thumb forever....and you will be forever labeled as a child abuser.

[Lost101]

Make sure you take pictures of your clean house as well. What kind of lawyer would tell you to cop to their allegations, I'll bet it was one working with them, court appointed. Try to get your side, pictures and all filed with the court, this is a must and don't agree to anything having to do with them...they just want you to admit to something, so they can have you under their thumb forever....and you will be forever labeled as a child abuser.

We aren't agreeing to anything. We're just trying to figure out how to make it go away. It's been a fight since January.

[Daruma]

I looked up the statute. She has 60 days to complete the investigation, and another five days to submit her report to "State's Attorney"--I don't know what that means. CPS's attorney? Perhaps you could file a complaint with your state Attorney General. Ask his office how you go about filing to have the case dismissed, based on CPS's failure to comply with state law, and in light of the fact that CPS itself has seen fit to leave the children in your care throughout the investigagtion (which I assume is the case).

I assume you've already filed paperwork to correct the caseworker's errors and omissions? If not, try to get that on file ASAP, in case the Atty Gnl or some other entitiy decides to review your file. See the information here:
http://fightcps.com/2010/12/22/how-to-write-a-declaration-of-facts-to-submit-to-the-court/
http://fightcps.com/2011/05/09/sample-statement-of-objections-and-corrections-to-the-report-of-the-social-worker/

[Lost101]

I looked up the statute. She has 60 days to complete the investigation, and another five days to submit her report to "State's Attorney"--I don't know what that means. CPS's attorney? Perhaps you could file a complaint with your state Attorney General. Ask his office how you go about filing to have the case dismissed, based on CPS's failure to comply with state law, and in light of the fact that CPS itself has seen fit to leave the children in your care throughout the investigagtion (which I assume is the case).

I assume you've already filed paperwork to correct the caseworker's errors and omissions? If not, try to get that on file ASAP, in case the Atty Gnl or some other entitiy decides to review your file. See the information here:
http://fightcps.com/2010/12/22/how-to-write-a-declaration-of-facts-to-submit-to-the-court/
http://fightcps.com/2011/05/09/sample-statement-of-objections-and-corrections-to-the-report-of-the-social-worker/

I'm just starting to see this stuff. We were foolish enough to believe things would be worked out, and we had no idea what they were saying we did wrong until a little over a week ago. Our case is on Tuesday, and we're only at the administrative hearing portion, although that's done in front of a judge. Does all that have to be filed before Tuesday, or can we bring it with us then? And is it better to fill all of that out, or use it during the 'hearing' to show all the discrepancies? She seriously changes the conditions of our house at least 2-3 times/ 'issue' in the report.

[Lost101]

Sorry. I'm not asking for legal advice. I'm just so confused, and not being able to afford an attorney or get one appointed because they admit we didn't criminally do anything, I'll take any thoughts anybody has.

[Daruma]

I'm not sure about the filing. That's something your (probably useless) public defender should be helping you with. But I would suggest, if possible, both: file it if you can, AND bring extra copies with you to court. Always plan for the possibility that some court clerk will screw up. I'm sorry to say, in light of all the stress that you're already under, you must try to anticipate bureaucratic screw-ups and stay several steps ahead of them.

Welcome to the world of Child Protection. It's like having a second, full-time career.

[Daruma]

Oops, sorry, I just read that they haven't even appointed an attorney for you yet. My apoologies. They may have an attorney waiting for you on Tuesday; you'll probably meet him or her about five minutes before court.

On top of everything else you need to do, I'd suggest looking at this page for some good ideas on how to help your attorney help you: http://www.justicewomen.com/tips_bewarechildprotectiveservices_2.html#c

[Lost101]

Because it's not Juvenile Court, but instead a 'Court of Administrative Hearings,' we do not qualify for a court appointed attorney. Nobody in our area will do it pro bono partially for the same reason, and partially because there is only one guy in the area that does them, and he's in the next county over. There is also absolutely no way we could afford an attorney. Basically, because we didn't do anything that they qualify as criminal, we're on our own. Nice, huh?

Because this isn't classified as abuse to be prosecuted by the State's Attorney, their guidelines are 60 days to finish from the day the initial report to them was made. COMAR allows for additional time IF outside agencies must be used that would prolong that time, however, there are no extenuating circumstances in the file, nor is there any request for or approval for additional time. They then have 30 days to notify us of the decision.
Their timeline far exceeds that. They have 42 days between the report made to them and their report being written. Then 12 days before that report was submitted. After that, there is a 65 day period before the report was submitted for approval (not sure what the difference between submitted and submitted for approval is...) On the 119th day they also sent us paperwork stating we were being indicated. 17 days AFTER they submitted for approval and sent us the stuff to appeal, their report and decision was approved.

After ALL of that, the reason she checked for being able to call it neglect instead of ruling it out was 'Parent/guardian refusal or inability to provide necessities...' Her reasoning for checking that box, as stated in her report, was 'Parents fail to acknowledge that they are overwhelmed by the problem at hand.' I'm sorry, but a couple loads of laundry, a dishwasher of dishes, and taking recyclables out the first day we have an opportunity does not overwhelm me. Praying the judge will see that if we can't get things thrown out before due to their failure to legally do their job. At this point, my faith in that portion of the 'justice' system is so shattered, I am praying even harder that it doesn't get that far.

[Daruma]

Because it's not Juvenile Court, but instead a 'Court of Administrative Hearings,' we do not qualify for a court appointed attorney... Basically, because we didn't do anything that they qualify as criminal, we're on our own. Nice, huh?

Oh, my gosh, that is so messed up.

But there are many parents here who've had to become their own attorneys, so to speak. That's one of the reasons this site exists.

You already know it won't be easy. But arm yourselves the best you can with information and evidence. The Justice Women link above is still worth checking out. The information you would have prepared for your attorney will still help you be better organized in court.

Keep us posted. I've said a prayer for you.

[Lost101]

Because it's not Juvenile Court, but instead a 'Court of Administrative Hearings,' we do not qualify for a court appointed attorney... Basically, because we didn't do anything that they qualify as criminal, we're on our own. Nice, huh?

Oh, my gosh, that is so messed up.

But there are many parents here who've had to become their own attorneys, so to speak. That's one of the reasons this site exists.

You already know it won't be easy. But arm yourselves the best you can with information and evidence. The Justice Women link above is still worth checking out. The information you would have prepared for your attorney will still help you be better organized in court.

Keep us posted. I've said a prayer for you.

I appreciate all of your help, and I'm reading EVERYTHING you post. My husband and I both met as police officers (though I gave that up years ago to be a better mother,) which is also helping with some of the organization and dissection of everything we need to have done. Between the links you've given, additional research, and our experience in criminal court, I think we're doing pretty well considering. I also really appreciate the prayer. We've been praying, and I've found a lot of comfort in reading the Bible through this whole ordeal. We're down to just a few more days before we find out if we can breath a sigh of relief, or if we'll have to fight on.

[Lost101]

Today's the day! Counting down the hours... 4 to go, then up to 45 days to find out how dangerous Christmas presents really are!

[Daruma]

How did it go? You've been in my prayers.

[Lost101]

How did it go? You've been in my prayers.

Thank you. We'll know how it went within 45 days. The caseworkers didn't show up, but since we had a lot of questions to ask them, I'm not sure if that worked in our favor or not. Even though 60 days is statute, it didn't do anything for us to bring it up. I couldn't really get a reading on them, so I really don't know one way or the other.

[Lost101]

After a very long process, we got the letter today. The case was ruled out!!!! Everything is to be expunged. The case record, our names from their system, everything. We also got a nice little surprise. The money we had to pay to get the hearing has been ordered to be returned to us upon completion of a 'Request of Refund' form. Thank you for your help and for your stories, which really helped along the way.

[Eljay]

Well YAY! It's like their grasping at straws and stocking up on caseloads so they can pick the ones that will most likely allow them to earn bonuses for "selling" children. Nobody is perfect 24x7 and I'm glad you're off the hook.

[annakenc]

I wonder if she'll be back on here again. I am from MD too and this story had my interest.

[Lost101]

Thanks.

I wonder if she'll be back on here again. I am from MD too and this story had my interest.

I'm around. I quite often will just read through the stories. Actually, one of my close friends, different state, is now going through almost the exact same thing, but seems to have a more reasonable caseworker. Of course, we all know about how well they lie, but considering my friend didn't even have to worry about a Safety Plan, so I am hopeful for her. She was told she needed to do dishes and laundry. Amazing how caseworkers seem to use that so often.

[annakenc]

Hey lost, so glad everything turned out ok for you...keep your guard up in the populated parts of the country its worse I think. Im from Md, hagerstown, since its late Ill only tell you my story if you post that you want to hear it because it will probably spook you.
i couldnt tell anyone my story until i found this site. I knew i am not crazy like CPS thinks I am but I just wanted to make sure I was completely right about this being wrong before I opened up about it. I am 38 and ive learned alot but this is like my welcome to the world..a very stiff jolt out of my own peaceful world into the reality of the big leagues of bullying.
Well hope you hang around...yours is a success story!

[Lost101]

Hey lost, so glad everything turned out ok for you...keep your guard up in the populated parts of the country its worse I think. Im from Md, hagerstown, since its late Ill only tell you my story if you post that you want to hear it because it will probably spook you.
i couldnt tell anyone my story until i found this site. I knew i am not crazy like CPS thinks I am but I just wanted to make sure I was completely right about this being wrong before I opened up about it. I am 38 and ive learned alot but this is like my welcome to the world..a very stiff jolt out of my own peaceful world into the reality of the big leagues of bullying.
Well hope you hang around...yours is a success story!

We chose where we live because it's not that populated, though a lot more than the country life my husband I grew up in. This has been a huge eye opener for us. There's nothing like an agency that's suppose to help sending in a stranger to tell you you're a bad parent for taking your kids to see their grandparents for Christmas! lol I don't know that much would spook me anymore, so feel free to share.

[Momoffor]

Md and the DC area is still reeling from the adopted girls (adopted from foster care no less) whose bodies were found in the freezer and the sister who was badly beaten and starved wondering the streets (that was about 15 miles or so from where I lived). Because of the bad publicity from that they lay down the gauntlet to show how attentive they are. Only thing is, they are still missing the poor kids who need the help!! .....

[Daruma]

Lost101, if you're still checking this thread, I just want to say how happy I am that they closed your case! I've been away from the forum for a few weeks due to a family emergency, so I didn't know till tonight how your case turned out.